AG BRINGS CIVIL RIGHTS SUIT OVER ASSAULT ON AFRICAN-AMERICAN WOMAN DUE TO RACIAL BIAS

September 21, 2004

SEPTEMBER 20, 2004

THOMAS A. HARNETT, ASSISTANT ATTORNEY GENERAL, 207-626-8897 

            Attorney General Steven Rowe today announced that his office has filed a civil enforcement action in Sagadahoc County Superior Court under the Maine Civil Rights Act against Perry Malcolm, 27, of Bath. The suit alleges that during the early morning hours of August 29, 2004, the defendant directed a verbal tirade at the victim, a 29-year-old African-American female who also resides in Bath.  The complaint alleges that the defendant repeatedly yelled racially derogatory language at the victim. The defendant also showed the victim that he had a tattoo of a swastika with burning flames on one of his arms.  After the verbal tirade, the defendant threw a partially full can of beer at the victim and hit the victim on the lip.  These events left the victim fearing for her personal safety.  

The Maine Civil Rights Act provides that a person has the right to engage in lawful activities without being subject to physical force or violence motivated by reason of race, color, religion, sex, ancestry, national origin, physical or mental disability, or sexual orientation.  In its complaint, the State alleges that the defendant’s violent acts were motivated by bias based upon the race and color of the victim. The Attorney General’s complaint seeks a court order barring the defendant from using physical force or violence, or threatening the victim.  The complaint also seeks a court order barring the defendant from knowingly approaching within 150 feet of the victim, her place of employment or her residence.  Attorney General Steven Rowe said “violent acts motivated by racial bias tear the very fabric of our community.  Racially motivated violence has too often placed victims and members of minority communities in a state of fear.  No person should be afraid to live in Maine and any persons who engage in violence motivated by racial bias must and will be brought to justice.”

            Attorney General Rowe commended the City of Bath Police Department for its investigation of this incident and for its cooperation with the Office of the Attorney General in advance of the filing of this lawsuit.  The City of Bath Police Department referred to Rowe’s office for possible action under the Maine Civil Rights Act.

 

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